IS FREEDOM OF ASSEMBLY OUR RIGHT?
According to article 10(1)(b) in the federal constitution Freedom of assembly is the right to hold public meetings and form associations without interference by the government Freedom of peaceful assembly is guaranteed by the First Amendment to the Constitution.
As seen in the case of Pendakwa Raya V. Cheah Beng Poh & Ors whereby On June 19, 1982 42 lawyers were charged under section 27(5) of the Police Act, 1967 (the Act) for having taken part in an unlawful assembly in a public place without any licence. 3 out of 42 had their cases deferred but the remaining 39 were charged but later on the case was discharged .
In another case of Public Prosecutor V. Ismail Bin Ishak & 59 Ors where by 60 people were accused of an unlawful assembly for which no license was issued. The Judge found that there was an assembly at the time but he held that the prosecution had failed to prove that no licence was issued to hold the assembly and also that the prosecution had failed to prove beyond reasonable doubt that the sixty respondents did take part in the assembly So the case was dismissed but later on the Public prosecutor appealed to the judge’s decision.
Based on the two cases mentioned above which seem to have some similarities, Malaysia doesn’t practice complete Freedom of Assembly as you need a license to conduct any sort of gathering or you will be charged under section 27 of the Police act which is punishable under sub-section 8 of the same section.
As seen in the case of Pendakwa Raya V. Cheah Beng Poh & Ors whereby On June 19, 1982 42 lawyers were charged under section 27(5) of the Police Act, 1967 (the Act) for having taken part in an unlawful assembly in a public place without any licence. 3 out of 42 had their cases deferred but the remaining 39 were charged but later on the case was discharged .
In another case of Public Prosecutor V. Ismail Bin Ishak & 59 Ors where by 60 people were accused of an unlawful assembly for which no license was issued. The Judge found that there was an assembly at the time but he held that the prosecution had failed to prove that no licence was issued to hold the assembly and also that the prosecution had failed to prove beyond reasonable doubt that the sixty respondents did take part in the assembly So the case was dismissed but later on the Public prosecutor appealed to the judge’s decision.
Based on the two cases mentioned above which seem to have some similarities, Malaysia doesn’t practice complete Freedom of Assembly as you need a license to conduct any sort of gathering or you will be charged under section 27 of the Police act which is punishable under sub-section 8 of the same section.
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